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2025 DAILYLAW 79833 (ALL)

JEETU ALIAS DHEERU ALIAS KALIYA v. STATE OF U.P.

NA528/28181/2025 · 2025-08-04

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131781 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28181 of 2025 Applicant :- Jeetu Alias Dheeru Alias Kaliya Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ajay Kumar Chaurasia, learned counsel for applicant and learned AGA for State. 2. Instant application has been preferred with prayer to set aside the order dated 07.07.2025 passed by Session Judge, Agra in Misc. Application dated 5.7.2025 in Case Crime no. 142 of 2018 u/s 15 D.A. Act, PS- Sikandra, District Agra.Further prayer has been made to direct learned court concern to pass fresh order and accept the bail bonds and sureties of applicant in which applicant is on bail. 3. Learned counsel for the applicant submitted that applicant has been enlarged on bail in 9 cases namely Case Crime nos. 142 of 2018, 138 of 2018, 674 of 2024, 647 of 2024, 74 of 2025, 77 of 2025, 96 of 2025, 126 of 2025 and 61 of 2025 and he made specific prayer vide application dated 5.7.2025 before court concerned for entertaining two sureties and one bail bond in all the cases but the same prayer has been rejected vide order dated 07.07.2025 passed by learned court of Session Judge, Agra which is directly denying the dictum pronounced by Hon'ble Apex Court in case of Hani Nishad @ Mohammad Imran @ Vikky vs. State of U.P. in Special Leave to Appeal (Criminal) no. 8917- 8915/2018 decided on 29.10.2018 . 4. Per contra, learned AGA also seconded the argument raised by learned counsel for applicant specifically in pursuance to judgment pronounced by Hon'ble Apex Court. 5. In view of aforementioned facts and circumstances in the light of judgment of Hani Nishad (supra), order dated 07.07.2025 passed by learned court of Session Judge, Agra is hereby set aside. Learned court of Session Judge, Agra/concerned court is hereby directed to accept two sureties and personal bond in aforementioned cases wherein the applicant has already been bailed out. 6. The application stands allowed accordingly. Order Date :- 5.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad